Drone Regulations in Hawaii: 2024 Rules & Permits

Hawaii drone operators must comply with federal FAA rules, Hawaii's Act 58 (2023) state trespass penalties, and county or DLNR land use permit requirements. Operators must satisfy all three layers of regulation before flying.

Quick Answer: What Drone Rules Apply in Hawaii?

Federal FAA rules and Hawaii state laws govern drone operations concurrently. Federal rules govern the aircraft and airspace, while Hawaii state law addresses trespass over private and public land.

The framework at a glance:

• FAA registration is required for any drone weighing 0.55 lbs to 55 lbs.
• Part 107 Remote Pilot Certificate (14 CFR Part 107) is required for any commercial or business drone use, including real estate photography, tour operations, and film production.
• Recreational flyers must pass the FAA TRUST test and fly within FAA-authorized airspace, using B4UFLY or LAANC to check clearance before each flight (FAA Reauthorization Act of 2018, Section 349).
• Hawaii Act 058 (2023), originating as SB 989 and signed June 5, 2023, created a standalone state UAS trespass statute. Before this date, no Hawaii-specific UAS trespass law existed.
• DLNR and county park agencies require separate permits to launch or land drones from state parks, forest reserves, and most county beach parks.
• Federal preemption under the FAA Reauthorization Act of 2018 means local governments generally cannot regulate airspace. Hawaii's Act 058 addresses this by targeting ground-level property rights, not airspace management.

Flying recreationally from private property over the open ocean involves fewer compliance steps. Flying commercially from a state beach park near Honolulu International Airport requires satisfying all three regulatory layers.

Hawaii State Law: Trespass, Privacy, and Penalties (Act 58 / 2023)

Hawaii SB 989 was signed into law as Act 058, Session Laws of Hawaii 2023, on June 5, 2023 (Gov. Msg. No. 1158). This is the primary Hawaii-specific statute governing drone operations. The OpenStates record is available at https://openstates.org/hi/bills/2023%20Regular%20Session/SB989/.

What Act 058 Prohibits

Act 058 amends Hawaii Revised Statutes to create a UAS-specific trespass provision. The law makes it unlawful to operate an unmanned aircraft system over private property without the consent of the property owner or person in lawful possession of that property. The law establishes a trespass violation distinct from traditional ground trespass under HRS Chapter 708. Because aircraft operate in federally regulated navigable airspace, Act 058 focuses on the operator's intent and the property owner's reasonable expectation of privacy and exclusive use, rather than asserting state authority over specific altitudes.

Regarding specific penalty amounts and HRS section numbers added by Act 058: the source material confirms the act's subjects as Drones, Penalty, and Trespass, but does not supply the exact dollar figures or the precise HRS chapter and section numbers created or amended. Consult the Hawaii State Legislature's enrolled bill text at capitol.hawaii.gov for the exact penalty tiers, offense classifications, and fine amounts.

Regarding altitude thresholds: the source material does not confirm whether Act 058 applies only below a specific altitude over private property or at any altitude. Consult the enrolled bill text at capitol.hawaii.gov for the operative language.

Interaction with HRS Chapter 708

Prior to Act 058, drone trespass claims relied on general criminal trespass statutes under HRS Chapter 708, such as HRS § 708-814 (criminal trespass in the second degree). These provisions were not written for aircraft and fit drone operations poorly. Act 058 provides UAS-specific language to address this gap. Both frameworks may still apply depending on the circumstances.

Privacy Law: The Gap That Remains

Hawaii has no enacted drone-specific privacy statute as of 2024. Bills HB 448 and SB 680, introduced in both the 2021 and 2022 Regular Sessions, would have created privacy protections against drone surveillance but were deferred or carried over without enactment (HB 448, 2021 Regular Session: deferred by committee on CPC; SB 680, 2021 Regular Session: referred to PSM, JDC). Operators should monitor capitol.hawaii.gov for new drone-related privacy legislation.

This creates a practical distinction: an operator can be liable under Act 058 for flying over private property without consent, but Hawaii currently lacks a separate statute specifically prohibiting drone-based surveillance or photography of individuals on that property. General state privacy tort law may still apply in civil cases.

What Changed Recently: 2023 Legislative Update

The most significant change for Hawaii drone operators is the enactment of Act 058, effective June 5, 2023.

Before Act 058

Before this date, Hawaii had no standalone UAS trespass statute. Legal exposure for flying over private property was limited to general trespass provisions under HRS Chapter 708, which were ill-suited for aircraft, and potential civil claims. Enforcement was inconsistent.

What Act 058 Added

Act 058 created a dedicated legal basis for UAS trespass claims in Hawaii, giving property owners a clear statutory tool. Operators who previously operated in a legal gray area over private property now face explicit statutory liability. The act covers both recreational and commercial operators.

What Operators Must Do Now That They Did Not Before June 2023

• Obtain explicit consent from property owners before flying over private property, or avoid overflying private land entirely.
• Document consent in writing for commercial operations.
• Recognize that flying in navigable airspace is not a complete defense to a state trespass claim under Act 058.

Privacy Bills: Still Watch the Legislature

HB 448 and SB 680 were introduced in multiple sessions (2021, 2022) without passage. Hawaii's 2019 House Concurrent Resolution HCR 68 urged Congress and the FAA to clarify state authority over drones on private property, which signals the legislature's ongoing interest in this area. Future sessions may produce an enacted privacy statute. Track bills at capitol.hawaii.gov.

FAA Federal Requirements That Apply in Hawaii

Federal rules apply identically in Hawaii as in every other state.

Registration

Any drone weighing between 0.55 lbs and 55 lbs must be registered with the FAA. The fee is $5 per drone for a three-year registration period. Register at https://faadronezone.faa.gov.

Part 107 Certificate (Commercial Operations)

Any drone operation that is not purely recreational requires a Part 107 Remote Pilot Certificate (14 CFR Part 107). This includes real estate photography, tour company operations, commercial filming, and any operation where something of value is exchanged. Obtaining a Part 107 certificate requires passing an FAA aeronautical knowledge test and TSA security vetting.

Recreational Flyers: TRUST

Recreational flyers must pass The Recreational UAS Safety Test (TRUST) before flying. This is a free online test. Flying without TRUST completion is a violation of the FAA Reauthorization Act of 2018, Section 349.

Airspace Authorization in Hawaii

Hawaii has multiple controlled airspace facilities. LAANC (Low Altitude Authorization and Notification Capability) or manual DroneZone authorization is required to fly in controlled airspace near:

• HNL (Daniel K. Inouye International Airport, Honolulu) — Class B
• OGG (Kahului Airport, Maui) — Class C
• KOA (Ellison Onizuka Kona International Airport) — Class D
• LIH (Lihue Airport, Kauai) — Class D

Confirm current LAANC facility participation at the FAA's LAANC page before flying, as participation status can change. Use the FAA B4UFLY app for a pre-flight airspace check.

Military No-Fly Zones

Hawaii has significant military airspace. Restricted and prohibited areas near Joint Base Pearl Harbor-Hickam and Marine Corps Base Hawaii Kaneohe Bay are no-fly zones for civilian drones. These are not subject to LAANC authorization. Violating military restricted airspace carries federal criminal penalties.

Altitude, Night Flying, and BVLOS

• Recreational: 400 ft AGL maximum without a waiver.
• Part 107: 400 ft AGL standard; waivers are available through FAA DroneZone for higher altitudes, night flying, operations over people, and beyond visual line of sight (BVLOS) operations (14 CFR Part 107).

Remote ID

The FAA Remote ID Final Rule (14 CFR Part 89) requires all registered drones to broadcast Remote ID. Enforcement began September 16, 2023. Hawaii has no state-level Remote ID overlay; the federal rule applies directly.

Hawaii State & County Permit Requirements: Parks, Beaches, and Public Lands

The location of launch and landing is as regulated as the flight path itself. Most of Hawaii's scenic locations are on state or county public land, and nearly all require a permit.

DLNR Division of State Parks

The Hawaii Department of Land and Natural Resources (DLNR) Division of State Parks requires a permit to operate drones within state parks, forest reserves, and wildlife sanctuaries. This includes locations like Waimea Canyon State Park and the Nāpali Coast State Wilderness Park. Consult the DLNR Division of State Parks for current permit applications, fees, and processing times at dlnr.hawaii.gov.

National Parks: Effectively a Prohibition

Hawaii Volcanoes National Park and Haleakalā National Park are governed by NPS regulations 36 CFR § 1.5 and 36 CFR § 2.17, which prohibit launching, landing, or operating unmanned aircraft within national park boundaries without a Special Use Permit. NPS Special Use Permits for drone use are rarely granted for recreational purposes. For commercial or scientific operations, contact the permit offices at each park directly. Treat these parks as no-fly zones for practical planning purposes unless you have confirmed written authorization.

County Park Permits

Each county administers its own park permit process:

• Honolulu (Oahu): The City & County of Honolulu Department of Parks and Recreation (DPR) governs drone use in county parks. Contact Honolulu DPR for current permit requirements and fees.
• Maui County: Contact the Maui County Department of Parks and Recreation for current permit requirements. Post-2023 Lahaina wildfire recovery operations may have produced temporary flight restrictions (TFRs) or other restrictions in West Maui. Verify current TFRs via FAA B4UFLY before any Maui operation.
• Hawaii County and Kauai County: Each has separate park permit processes. Consult the respective county parks departments directly.

Beaches

Most Hawaii beaches are state land managed by DLNR or are county beach parks. Launching from a beach park typically requires a county permit. Launching from a state beach requires DLNR authorization. Do not assume that standing on a public beach grants the right to launch a drone.

Commercial Filming

Commercial drone filming on state land requires a separate film permit from the Hawaii Film Office, part of the Department of Business, Economic Development and Tourism. This is in addition to any DLNR or county park permit. Contact the Hawaii Film Office at filmoffice.hawaii.gov for current requirements.

Permit Fees, Processing Times, and Key Restrictions at a Glance

Notes on the table:

• LAANC is online and near-instant for pre-approved grids. Requests outside LAANC coverage require manual FAA DroneZone submission.
• NPS permits are processed by each park's permit office individually.
• Seasonal and event-based Temporary Flight Restrictions (TFRs) are common in Hawaii. Check https://tfr.faa